I.A. 4714/2015 [U/o. 39 Rules 1 & 2 CPC]

1. Present suit has been filed for declaration, permanent and mandatory injunction by a licensee of NDMC restaurant ad measuring 2618 sq. ft. of covered area and 16,300 sq. ft. of open area situated adjacent to Lodi Garden. The prayer clause in the present suit is reproduced hereinbelow:-

“a. A decree of declaration be passed in favour of the Plaintiff and against the Defendants declaring the communication dated 5th November, 2013, 3rd January, 2014, 29th January, 2014, advertisements dated 14th February, 2014 and 21st February, 2014 or any other decisions or resolution passed by the Defendants to be null and void and not binding on the Plaintiffs.

b. Decree of perpetual injunction be passed in favour of the Plaintiffs and against the Defendants restraining them from taking any action including the action of proposed auction in pursuance of advertisement dated 14th February, 2014 or any other advertisements that may be issued or caused to be issued subsequently seeking to auction the restaurant site in occupation of the Plaintiff located besides the gate of Lodhi garden (towards Jor Bagh) Opposite Mausam Bhawan, New Delhi.

c. Pass